Question NW3598 to the Minister of Justice and Correctional Services

Reply:

The Honourable Member will remember that the Judiciary submitted their report entitled “Capacitating the Office of the Chief Justice and Laying the Foundations for Judicial Independence: the next Frontier in our Constitutional Democracy, Judicial Independence” outlining their preferred court administration model to the Executive in 2013. Subsequent to the submission, Cabinet established an Inter-Ministerial Task team in 2017, tasked with preparing a response by the Executive to the Judiciary’s report. When the Inter-Ministerial Committee was dissolved, I was mandated by Cabinet at the beginning of the sixth administration to conclude the work started by the Inter-Ministerial Committee. In this regard, I caused the Department of Justice and Constitutional Development to conduct research on an appropriate model suited for our constitutional democracy. This research culminated in a document entitled “Policy Framework on Judicial Governance and Court Administration” comprising a comparative study of the available comparable models whereupon a tentative model that suit the South African Constitution emerged.

Before I approach Cabinet, I took a decision that it would be prudent to share the policy framework with the Judiciary as part of our efforts to consult with that Arm of the State as they are a critical stakeholder in our quest to finalise the court administration model. I have therefore shared the document with the Chief Justice for him to provide us with the necessary inputs before approaching Cabinet. I have been advised that the Chief Justice has, in August 2023, established a Judicial Governance and Court Administration Advisory Committee to consider our proposed policy framework, whereafter he will provide me with the Judiciary’s comments. Once this consultation process with the Judiciary is completed, I intend to table the amended policy framework encompassing the Judiciary’s comments to Cabinet for adoption.

I hasten to indicate that one of the recommendations contained in the policy framework was to transfer the leave dispensation of Judges to the Judiciary. During the consultation process with the Judiciary, we agreed that whilst we wait for the Judiciary’s comprehensive inputs, the leave dispensation for Judges of the Superior Courts should be transferred from the Executive to the Judiciary. Having reached this agreement, I approached the President who duly agreed to amend the Judges’ Remuneration and Conditions of Employment Regulations, 2001 to make provision for the transfer of the leave dispensation of Judges to the Judiciary. So, pursuant to our Policy Framework, the Judiciary is now responsible for managing leave for Judges.